How do I register a government relations or lobbying practice in Nepal and what disclosures apply to meetings with officials?

Hello, good morning.

While Nepal does not have a single, comprehensive law specifically governing lobbying, a combination of existing regulations, codes of conduct, and pending legislation creates a framework for how government relations and policy advocacy can be lawfully conducted. To offer lobbying services, you will need to register your business and adhere to strict rules regarding meetings with officials and potential conflicts of interest.

Registration and Licensing

To lawfully offer government relations services in Nepal, your firm must be properly registered. While there is not a specific "lobbyist" registration, you would typically register as a business with the relevant authorities. This process involves disclosing your activities, the clients you represent, and your areas of policy interest. Engaging a local lawyer is highly recommended to ensure compliance with all registration and disclosure laws.

Meetings with Officials and Disclosure

There are specific protocols for meetings between private entities and government officials, primarily governed by the Diplomatic Code of Conduct.

Prior Approval: Public officials are required to get prior approval from the Ministry of Foreign Affairs before meeting with foreign representatives or diplomats.

Official Presence: The Diplomatic Code of Conduct mandates that a foreign ministry official be present during meetings between government ministers and foreign diplomats or representatives.

Meeting Briefs: After a meeting, officials are supposed to provide a briefing to the foreign ministry on the topics discussed

Unauthorized Meetings: A draft law aims to ban unauthorized correspondence or meetings between public officials and foreign individuals or entities, particularly if the meeting is intended to secure a present or future advantage.

Conflict of Interest Rules

Nepal is in the process of strengthening its legal framework around conflicts of interest, which will directly impact lobbying activities. A draft bill is being developed to prevent public officials from engaging in acts where their personal interests could influence their official decisions.

Declaration of Interest: The proposed law will require anyone holding public office to submit a written declaration that they do not have a conflict of interest with their workplace. Existing rules for lawmakers already require them to declare any private interest in matters being considered.

Recusal from Decisions: The new law would make it mandatory for public officials to recuse themselves from decision-making processes in which they have a conflict of interest.

Invalidation of Decisions: A key provision in the draft bill states that any decision made with the involvement of a public official who has a conflict of interest could be automatically invalidated.

Restrictions on Appointments: The bill also prohibits appointments or transfers of officials to offices where they would have a conflict of interest.

Reporting Duties

Organizations engaged in lobbying are typically required to submit periodic reports to government bodies. These disclosures must provide information about lobbying activities, associated expenditures, and the clients being represented. Failure to comply with these regulations can lead to fines and other legal penalties.